Important Facts About Traumatic Brain Injuries From Physical Attacks

Our Richmond Brain Injury Lawyers Strive to Protect the Legal Rights of Assault Victims Who Suffer TBIs

The effects of a traumatic brain injury (TBI) may be apparent right away, or they may develop and worsen over time. While car accidents and slip-and-falls frequently cause severe head injuries, assault victims are equally at risk. If your loved one was assaulted and suffered a TBI as a result, it’s important to familiarize yourself with their legal options for restitution.

The Richmond brain injury lawyers at The Mottley Law Firm can answer any questions you may have and work to safeguard your loved one’s legal rights. Secure the full compensation they deserve and hold liable parties accountable for their actions. We offer the following information to help you get started.

1. Civil Case for Damages vs. Pending Criminal Charges

When your loved one suffers a TBI from an assault, they may be able to file a civil lawsuit against their attacker. The perpetrator could have pending criminal charges associated with the attack, but these are separate from any civil claims your loved one may make for compensation. This is similar to filing a car accident claim when the other driver was speeding or criminally reckless. You can choose to press criminal charges and file a civil lawsuit for the same incident.

Burden of Proof Required

Criminal assault charges are punishable by law enforcement. If the perpetrator is proven guilty beyond a reasonable doubt, they may be sentenced to jail time, probation, and other punishments.

However, for your loved one to recover damages like medical costs and lost wages, they must pursue separate civil action. The burden of proof in a civil case is lower, only to a preponderance of the evidence. This means the claim is more likely to be true than not. Evidence may include witness testimony, police reports, and video footage.

2. Insurance Coverage for Intentional Acts Like Assault

Many personal injury lawsuits, including those resulting in traumatic brain injuries, involve claims against the defendant’s insurance provider. Commercial buildings have premises liability insurance and motorists have car insurance. However, insurers may deny brain injury claims if the negligent party’s policy doesn’t cover the specific situation involved in causing the injury. 

A particularly relevant example is an intentional act of violence, like assault. By definition, assault and battery refers to an intentional act that results in physical injury. Violent acts that cause TBIs include domestic violence, gun violence, strangulation, and hitting a solid object when pushed or hit. 

In cases where insurance doesn’t cover intentional acts, victims may still seek to recover damages if the defendant has the resources to pay. Discuss your case with our Virginia brain injury lawyers for possible options to explore. 

3. Significant Damages From a Traumatic Brain Injury

Recovery of potential damages for your loved one could be significant. The total settlement needs to cover both short-term expenses and long-term costs of brain injury. Possible economic and non-economic damages in a traumatic brain injury lawsuit may include:

• Current lost wages, including sick pay, vacation time, and paid time off
• Reduced future earnings and benefits, including future career growth
• Emergency medical services, like hospital visits
• Ongoing medical care and expenses, such as physical therapy and counseling
• Out-of-pocket expenses related to the injury
• Pain and suffering, including PTSD, cognitive challenges, and difficulty sleeping
• Personal care assistance and the installation of adaptive devices
• Emotional trauma
• Loss of life enjoyment due to permanent impairments and disabilities
• Punitive damages

We co-counseled an assault victim in a highly publicized case against a former NFL player. Her then-boyfriend slammed her head onto the floor during a heated argument. She suffered a traumatic brain injury, along with severe bruises, cuts, and swelling. In the end, we secured a $2.5 million settlement from the defendant’s homeowners’ insurance company. 

Seek the Justice and Full Restitution Your Loved One Deserves

Your beloved family member may feel lost or downtrodden after their physical attack. The profound impact of their traumatic brain injury can feel like more than they can handle. Criminal charges aren’t the only path to justice in these cases. By partnering with a lawyer after a brain injury, you can explore all possible paths for fair and full compensation.

Put your trust in our commitment to you. “Mr. Mottley goes above and beyond to ensure his clients get the justice they deserve,” writes past client Siobhan W. “Not only is Mr. Mottley sincere, he is also thoughtful. He cares about his clients and ensures he will do everything he can to get the results his clients are looking for.”